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2001 Supreme(P&H) 1294

J.S.NARANG
Lt. Col. Ravee Saharawat – Appellant
Versus
Ujjwal Saharawat – Respondent


Judgment

1. This application has been filed under Sec. 151, C.P.C. for allowing educational expenses for the daughter to the extent of Rs. 92175.00. Plea is that the interim maintenance has been granted at the rate of Rs. 5000.00 per month vide order dated 21/09/1999 by Swatanter Kumar, J. The maintenance pendente lite so granted is not sufficient so as to enable the applicant-respondent to incur expenditure for the purpose of education of her daughter. It is averred that the daughter born out of this wedlock is a brilliant child and is, therefore, required to be sent abroad for her education. The details of the expenses which need to be incurred for such education have been spelt out in para 6 of the application.

2. On the other hand, the stand of the appellant is that this application is not maintainable as no application under Sec. 151, C.P.C. for seeking the grant of educational expenses for the daughter can be filed in the proceedings of divorce pending between the parties. It is also averred that the application for educational expenses may be permissible to be filed under Sec. 26 of the Hindu Marriage Act, 1955 , but the condition precedent is that the child/daughter is a min









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